A friend of my sons parents are going through a nasty divorce. The 14 year old child does not want to live with her father or visit him. The court is saying she has to. I have heard that if you are 14 you can make that decision yourself. Is that true?
2006-10-06 20:35:35 · 7 answers · asked by armendariz22 1 in Politics & Government ➔ Law & Ethics
"What are children's rights at the age of 14 in a divorce? A friend of my sons parents are going through a nasty divorce. The 14 year old child does not want to live with her father or visit him. The court is saying she has to. I have heard that if you are 14 you can make that decision yourself. Is that true?"
The quick answer to your question is "Children do not get the final say about which parent they will live with, but they are given an opportunity to voice a preference."
Picture a set of scales. On one side you have one parent and on the other side you have the other parent. And in a pile sitting on the side of the scales are all the things of weight in favor of placing the child with either parent. The judge must decide the weight of each thing that's in the best interests of the child. And when the judge is finished placing them on the scales, one parent should have more than the other parent and be awarded custody.
Generally, where the child wants to live is always taken into account. And the older the child, the more weight the child's preference is given. But, sometimes (often actually) 14 year olds don't really know what is in their own best interests.
So, that isn't the only factor the judge must consider. The judge must weigh the totality of the circumstances-- which parent is better able to care for the child? Will the child be separated from siblings or other familial relations by going with one parent instead of the other? Will the child's education be disrupted? Are there issues of neglect or abuse or domestic violence to consider? Etc.
To help your friend, suggest these things: (1) Children may hire their own attorneys to speak on their behalf. (2) Either party to a divorce may request that a guardian ad litem (GAL) be brought into the case to speak on behalf of the child's rights and interests. Or (3) Some courts will allow for a GAL-like person to speak on behalf of the child's interests.
2006-10-07 02:46:55 · answer #1 · answered by ParaNYC 4 · 0⤊ 0⤋
The rule in all divorces as far as children is "what is in the best interest of the child?" The court tries to make a determination of this. However, with an older child like you they are going to take into account your wishes more than they would a younger child--for example which parent you will live with. Your chose would not be conclusive but given weight.
In this case there is probably a court investigator or guardian ad litem. The child should explain to this person why they do not want to visit.
If in fact the court rules there has to be visitaiton--then there will.
2006-10-06 20:41:35 · answer #2 · answered by beckychr007 6 · 0⤊ 0⤋
As a little one of divorce you will have the proper to voice your opinion approximately which guardian you wish to are living with. The first step is to name your dad and inform him that you just wish to come back are living with him. If your mother and step would possibly not permit you to name then move to the closest authority such because the police or an extra grownup you believe and ask for support. Do now not permit the present of matters you wish equivalent to a computer and a mobile bribe you into staying in which you're now not joyful and risk-free.
2016-08-29 06:40:20 · answer #3 · answered by ? 4 · 0⤊ 0⤋
She has a right to live with who she wants,but the father will get her 1st 3rd and 5th of every month also they have to alternate holidays, he will always have her on father's day. the only way she can refuse if there is abuse of any kind. my daughter just went through this, also his parents will have grandparents rights.that is how it is in Texas which ever parent the court chooses to be the best parent is who she will live with,what Iam trying to say without being harsh is if the mother is found to be unfit then she will have to live with father.if not then the mother will be primary care taker. it is so hard to prove a mother unfit. ps my daughter won .but like I said father has rights.
2006-10-06 21:01:11 · answer #4 · answered by Anonymous · 0⤊ 1⤋
With proper legal representation and a good reason, yes. As long as the 14 year old has a compelling reason and an attorney, then appeal the ruling. Emancipation of a minor is reserved for teens who are already living on their own, and are taking care of themselves.
2006-10-06 20:49:04 · answer #5 · answered by Teresa O 2 · 1⤊ 0⤋
in some states it is true, but sure what states but i know california has age 12 that court will listen to what the child has to say......
2006-10-06 21:29:28 · answer #6 · answered by walterknowsall 5 · 0⤊ 0⤋
It depends on where you live. Differemnt State, Provinces etc will have different laws
2006-10-06 20:38:37 · answer #7 · answered by Juniper C 4 · 2⤊ 0⤋